North Carolina § 7B-1001 - Right to appeal.

§ 7B-1001. Right to appeal.

In a juvenile matter under this Subchapter, only the following final orders may be appealed directly to the Court of Appeals: Any order finding absence of jurisdiction. Any order, including the involuntary dismissal of a petition, which in effect determines the action and prevents a judgment from which appeal might be taken. Any initial order of disposition and the adjudication order upon which it is based. Any order, other than a nonsecure custody order, that changes legal custody of a juvenile. An order under G.S. 7B-906.2(b) eliminating reunification, as defined by G.S. 7B-101(18c), as a permanent plan by either of the following: A parent who is a party and: Has preserved the right to appeal the order in writing within 30 days after entry and service of the order. A termination of parental rights petition or motion has not been filed within 65 days of entry and service of the order. A notice of appeal of the order eliminating reunification is filed within 30 days after the expiration of the 65 days. A party who is a guardian or custodian with whom reunification is not a permanent plan. Repealed by Session Laws 2017-41, s. 8(a), and Session Laws 2017-102, s. 40(f), effective January 1, 2019, and applicable to appeals filed on or after that date. Any order that terminates parental rights or denies a petition or motion to terminate parental rights. An order eliminating reunification as a permanent plan under G.S. 7B-906.2(b), if all of the following conditions are satisfied: The right to appeal the order eliminating reunification has been preserved in writing within 30 days of entry and service of the order. A motion or petition to terminate the parent's rights is filed within 65 days of entry and service of the order eliminating reunification and both of the following occur: The motion or petition to terminate rights is heard and granted. The order terminating parental rights is appealed in a proper and timely manner. A separate notice of appeal of the order eliminating reunification is filed within 30 days after entry and service of a termination of parental rights order. Repealed by Session Laws 2021-18, s. 2, effective July 1, 2021, and applicable to appeals filed on or after that date. In an appeal filed pursuant to subdivision (a)(8) of this section, the Court of Appeals shall review the order eliminating reunification together with an appeal of the order terminating parental rights. If the order eliminating reunification is vacated or reversed, the order terminating parental rights shall be vacated. Notice of appeal and notice to preserve the right to appeal shall be given in writing by a proper party as defined in G.S. 7B-1002 and shall be made within 30 days after entry and service of the order in accordance with G.S. 1A-1, Rule 58. Notice of appeal shall be signed by both the appealing party and counsel for the appealing party, if any. In the case of an appeal by a juvenile, notice of appeal shall be signed by the guardian ad litem attorney advocate. History (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2001-208, s. 25; 2001-487, s. 101; 2005-398, s. 10; 2011-295, s. 11; 2013-129, s. 31; 2015-136, s. 16; 2017-7, s. 4; 2017-41, s. 8(a); 2017-102, s. 40(f); 2019-33, s. 14(a); 2021-18, s. 2; 2021-100, s. 1(b).) Editor's Note. - Session Laws 2013-129, s. 41, made the amendment to this section by Session Laws 2013-129, s. 31, applicable to actions filed or pending on or after October 1, 2013. Session Laws 2015-136, s. 18, made the amendment to this section by Session Laws 2015-136, s. 16, which substituted "G.S. 7B-906.2(b)" for "G.S. 7B-507(c)" in the introductory language of subdivision (a)(5), and substituted "eliminating reunification as a permanent plan" for "to cease reunification" in the introductory language of subdivision (a)(5)a. and in subdivision (a)(5)a.3, applicable to actions filed or pending on or after October 1, 2015. Session Laws 2017-7, s. 5, made the amendment to subsection (a) of this section by Session Laws 2017-7, s. 4, effective January 1, 2019, and applicable to appeals filed on or after that date. Session Laws 2017-41, s. 8(b), made the amendment of subsection (a) and addition of subsections (a1) and (a2) by Session Laws 2017-41, s. 8(a), effective January 1, 2019, and applicable to appeals filed on or after that date. Session Laws 2021-18, s. 5, made the addition of subdivisions (a)(7) and (a)(8), the repeal of subsection (a1), and the substitution of "subdivision (a)(8) of this section, the Court of Appeals" for "subdivision (a1)(2) of this section, the Supreme Court" in subsection (a2), by Session Laws 2021-18, s. 2, effective July 1, 2021, and applicable to appeals filed on or after that date. Effect of Amendments. - Session Laws 2011-295, s. 11, effective October 1, 2011, and applicable to actions filed or pending on or after that date, in subdivision (a)(5)a.3., substituted "identified as an issue" for "assigned as an error"; and in subsection (b), deleted "Except for orders covered in subdivision (a)(5) of this section" from the beginning, and deleted the last sentence, which read: "Notice of appeal for orders covered in subdivision (a)(5) of this section shall be given in writing by a proper party as defined in G.S. 7B-1002." Session Laws 2013-129, s. 31, effective October 1, 2013, deleted "as provided in that subsection" following "preserved" in subdivision (a)(5); inserted "and notice to preserve the right to appeal" in subsection (b); and, in subsection (c), in the first sentence, inserted "both the appealing party and" and deleted "and shall be taken only by following direct instruction of the appealing party after the conclusion of the proceeding" following "party, if any." For applicability, see editor's note. Session Laws 2015-136, s. 16, effective October 1, 2015, substituted "G.S. 7B-906.2(b)" for "G.S. 7B-507(c)" in the introductory language of subdivision (a)(5); and substituted "eliminating reunification as a permanent plan" for "to cease reunification" in the introductory language of subdivision (a)(5)a. and in subdivision (a)(5)a.3. For applicability, see editor's note. Session Laws 2017-7, s. 4, substituted "Court of Appeals unless otherwise specified" for "Court of Appeals" in subsection (a); deleted "together with an appeal of the termination of parental rights order" preceding "if all of the following apply" in subdivision (a)(5)(a.); and substituted "terminate parental rights shall be made directly to the Supreme Court" for "terminate parental rights" at the end of subdivision (a)(6). For effective date and applicability, see editor's note. Session Laws 2017-41, s. 8(a), in the first sentence of the introductory language of subsection (a), deleted "in a juvenile matter" following "final order of the court", and deleted "unless otherwise specified" following "Court of Appeals"; rewrote subdivision (a)(5); deleted subdivision (a)(6); and added subsections (a1) and (a2). For effective date and applicability, see editor's note. Session Laws 2017-102, s. 40(f), effective January 1, 2019, deleted "entry and service of" following "30 days after" in sub-sub-subdivision (a)(5)a.3.; and deleted subdivision (a)(6). Session Laws 2019-33, s. 14(a), effective October 1, 2019, rewrote the introductory paragraph of subsection (a), which formerly read: "In a juvenile matter under this Subchapter, appeal of a final order of the court shall be made directly to the Court of Appeals. Only the following juvenile matters may be appealed:"; and rewrote the introductory paragraph of subsection (a1), which formerly read: "In a juvenile matter under this Subchapter, appeal of a final order of the court shall be made directly to the Supreme Court in the following juvenile matters." Session Laws 2021-18, s. 2, added subdivisions (a)(7) and (a)(8); deleted subsection (a1); and substituted "subdivision (a)(8) of this section, the Court of Appeals" for "subdivision (a1)(2) of this section, the Supreme Court" in subsection (a2). For effective date and applicability, see editor's note. Session Laws 2021-100, s. 1(b), effective October 1, 2021, substituted "G.S. 7B-101(18c)” for "G.S. 7B-101(18b)” in subdivision (a)(5).